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Res 36-02RESOLUTION NO. 36-02 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF S.E. 7TM AVENUE RIGHT- OF-WAY ~, LYING NORTH OF S.E. 5TM STREET, AS MORE PARTICULARLY DESCRIBED HEREIN, BUT RESERVING AND RETAINING TO THE CITY A UTILITY EASEMENT OVER THE ENTIRE AREA THEREOF, AS MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS, the City of Delray Beach, Florida, received an application for abandonment of a portion of S.E. 7m Avenue Right-of-Way (ROW), as more particularly described herein; and WHEREAS, said application for abandonment of a general public right-of-way was processed pursuant to Section 2.4.6(O), "Abandonment of Rights-Of-Way", of the Land Development Regulations of the City of Delray Beach; and WHEREAS, pursuant to LDR Section 2.4.6(O)(3)(e), the Planning and Zoning Board, as Local Planning Agency, formally reviewed the matter at a public hearing on March 18, 2002, and voted 4 to 1 to recommend approval of the abandonment, based upon positive findings with respect to LDR Section 2.4.6(0)(5), and subject to the condition that a general utility easement be retained over the entire area; and WHEREAS, as a condition of the abandonment of the area described below, the applicant shall dedicate tcn cA_. ,~ n,~ _c ~_~.. _r ...... ~ .... u ....... :a~ -~ ~a: ..... .... ~'~ ~ ~' ~8 ....... y ..... 8 ........ ~f S E Avcnuc '~.~ .~.~' I0.1 , ~.~..m~-u ~., ~.~r .t~.~ PNt ~.~r ~o~1~ n~.~.....~ &e area described h E~bit "A" to &e Ci~ for ~hway p~oses; md WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that its interest in the described property is no longer needed for the public good and deems it to be in the best interest of the City of Delray Beach to vacate and abandon said right-of-way, based upon positive findings pursuant to LDR Section 2.4.6(O)(5), but does not abandon and retains and reserves unto itself a utility easement over the entire area thereof, as more particularly described herein, for the purpose of emergency access and constructing and/or maintaining, either over or under the surface poles, wires, pipes, sewers, drainage facilities, or any other facilities used for various public utilities whether owned by the City or private corporations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DF.I.RAY BEACH, FLORIDA, AS FOLLOWS: RES. NO. 36-02 Section 1. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida Statutes, it is hereby determined by the Delray Beach City Commission to vacate and abandon all right and interest it holds to the following real property for right-of-way purposes only, but does not abandon and retains and reserves unto itself a utility easement over the entire area thereof, for the purpose of emergency access and constructing and/or maintaining, either over or under, the surface poles, wires, pipes, sewers, drainage facilities, or any other facilities used for various public utilities whether owned by the City or private corporations, more particularly described as follows: THE EAST 20 FEET OF THE WEST 82.74 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THE SOUTH HALF OF LOT 10, LESS THE WEST 244.86 FEET THEREOF, BLOCK 1, OSCEOLA PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, PAGE 2 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. Containing 1,474 square feet, more or less. Section 2. As a condition of the abandonment of the property described above, the property described in Exhibit "A" shall be dedicated to the City for right-of-way purposes. PASSED AND ADOPTED in regm!a,' session on this the 4/~day of.~O 2002. MAYOR City Clerk RES. NO. 36-02 EXHIBIT "A" LEGAL DESCRIPTION THE EAST 10 FEET OF THE WEST 42.74 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THE SOUTH HALF OF LOT 10, LESS THE WEST 244.86 FEET THEREOF, BLOCK 1, OSCEOLA PARK ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, PAGE 2 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. RES. NO. 36-02 FROM: DAN MARFINO, PRINCIPAL PLANNER"'" "~--- SUB,JECT: MEETING OF.JUNE 4, 2002 *CONSENT AGENDA*' ABANDONMENT OF A PORTION OF THE S.E. 7TM AVENUE RIGHT-OF-WAY, LYING NORTH OF S.E. $'r, STREET, AND ACCEPTANCE OF AN ADDITIONAL 10-FEET OF RIGHT-OF-WAY. IBACKGROUND I The request involves the abandonment of a 20' by 73.68' portion of the SE 7TM Avenue right-of-way, directly adjacent to Lot 10.3 (a metes and bounds parcel of the original Lot 10, Block 1, Plat of Osceola Park). This portion of S.E. 7t' Avenue was dedicated with the recordation of a quit-claim deed dated January 23, 1969 (Official Records Book 1699, Page 1400) and contains 1,478 square feet (0.034 acres). The abandonment represents ¼ of the 40-foot right-of-way for S.E. 7th Avenue in this area, The abandonment request was submitted by Robert Woodfin, the owner of Lot 10.3 (directly adjacent to the east). Mr. Woodfin, who also owns the parcel on the west side of SE 7th Avenue, has also proposed to dedicate a 10' x 73.68' parcel along the west side of the existing right-of-way, predicated on the idea that future acquisition of property on the west side for future ROW would be less expensive than property on the east side (east side has Intracoastal frontage). The resulting right-of-way would be 30-feet wide. I PLANNING & ZONING BOARD CONSIDERATION I At its meeting of March 18, 2002, the Planning and Zoning Board considered the request at a public hearing. One person, Charlie Anderson, spoke in favor of the abandonment. After reviewing the staff report and a lengthy discussion, the Board voted 4 to 1 to recommend approval of the abandonment of only the east 10-feet of the requested abandonment area (Peltzie dissenting, Morris & Randolph absent), subject to the condition that a utility easement be retained over the full length and width of the abandonment area. I ous co.. ,ss,o. I At its meeting of April 2, 2002, the City Commission considered the request as a Regular Agenda item. After reviewing the staff report and discussion, the Commission voted 5 to 0 not to approve the action before the Commission, which was abandonment of only the east 10-feet of the 20-feet requested. The Commission directed staff to bring the action back before the Commission in the form of the applicant's odginal request (abandonment of the entire east 20-feet, and dedication of an additional 10-feet of ROW on the west side of SE 7th Avenue). The modified action will require an executed right-of-way deed for the additional 10-feet of right-of-way, on the west side of SE 7th Avenue. The applicant has provided the executed deed, and if this action is approved, it will be recorded concurrently with the official abandonment resolution. I RECOMMENDED ACTION I By motion, approve the abandonment of the east 20-feet of the SE 7th Avenue right-of-way adjacent to Lot 10.3, reserve a general utility easement over the entire abandonment area to cover the existing utilities, and accept a right-of way deed for the dedication of an additional 10-feet of right-of-way on the th west side of the SE 7 Avenue right-of-way, based upon positive findings with respect to LDR Section 2.4.6(O)(5). Attachments: · Abandonment Resolution · Right-of-Way Deed P & Z Staff Report of March 18, 2001 S:~ P&Z~boards~citycornmission~SETAveAban2. doc RESOLUTION NO. 36-02 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF S.E. 7TM AVENUE RIGHT- OF-WAY kCROV~, LYING NORTH OF S.E. 5TM STREET, AS MORE PARTICULARLY DESCRIBED HEREIN, BUT RESERVING AND RETAINING TO THE CITY A UTILITY EASEMENT OVER THE ENTIRE AREA THEREOF, AS MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS, the City of Delray Beach, Florida, received an application for abandonment of a portion of S.E. 7m Avenue Right-of-Way (ROW), as more particularly described herein; and WHEREAS, said application for abandonment of a general public right-of-way was processed pursuant to Section 2.4.6(O), "Abandonment of Rights-Of-Way", of the Land Development Regulations of the City of Delray Beach; and WHEREAS, pursuant to LDR Section 2.4.6(O)(3)(e), the Planning and Zoning Board, as Local Planning Agency, formally reviewed the matter at a public heating on March 18, 2002, and voted 4 to 1 to recommend approval of the abandonment, based upon positive findings with respect to LDR Section 2.4.6(O)(5), and subject to the condition that a general utility easement be retained over the entire area; and WHEREAS, as a condition of the abandonment of the area described below, the applicant shall dedicate tcn..~.~.c^~' ~-"r~ n,~ ...-c ~%"'-"'-""~'z-t'* _c ...... '~'""8~--- u~'c ';.'cato.....":':- c.f ~.~c ~ -~,~, .$. ........ v ~....,...m...~.~...a: ..... · --- ......... 1~. t th t , ..... '01---I. I,...~C *t.~..... m-*. ... ...-C r~._.o.~.......~ n.~~......, the area descfibed in Exhibit "A" to the City for highway purposes; and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that its interest in the described property is no longer needed for the public good and deems it to be in the best interest of the City of Delray Beach to vacate and abandon said right-of-way, based upon positive findings pursuant to LDR Section 2.4.6(O)(5), but does not abandon and retains and reserves unto kself a utility easement over the entire area thereof, as more particularly described herein, for the purpose of emergency access and constructing and/or maintaining, either over or under the surface poles, wires, pipes, sewers, drainage facilities, or any other facilities used for various public utilities whether owned by the City or private corporations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: RES. NO. 36-02 Section 1. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida Statutes, it is hereby determined by the Delray Beach City Commission to vacate and abandon all right and interest it holds to the following real property for right-of-way purposes only, but does not abandon and retains and reserves unto itself a utility easement over the entire area thereof, for the purpose of emergency access and constructing and/or maintaining, either over or under, the surface poles, wires, pipes, sewers, drainage facilities, or any other facilities used for various public utilities whether owned by the City or private corporations, more particularly described as follows: THE EAST 20 FEET OF THE WEST 82.74 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THE SOUTH HALF OF LOT 10, LESS THE WEST 244.86 FEET THEREOF, BLOCK 1, OSCEOLA PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, PAGE 2 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. Containing 1,474 square feet, more or less. Section 2. As a condition of the abandonment of the property described above, the property described in Exhibit "A" shall be dedicated to the City for right-of-way purposes. PASSED AND ADOPTED in regular session on this the. day of 2002. ATTEST: MAYOR city Clerk RES. NO. 36-02 EXHIBIT "A" LEGAL DESCRIPTION THE EAST 10 FEET OF THE WEST 42.74 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THE SOUTH HALF OF LOT 10, LESS THE WEST 244.86 FEET THEREOF, BLOCK 1, OSCEOLA PARK ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, PAGE 2 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. RES. NO. 36-02 AND ZONING B ARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: Ivlarch 18, 2002 IV.B. Abandonment of a Portion of ,S.E. 7th Avenue (20'):,73.68'); Lying North of S.E. 5th Street. GENERAL DATA: Owner ....................................... General Public Applicant .................................. Robed J. Woodfin Agent ........................................ ~eril Kruger Planning & Zoning Consultants Location .................................... Portion of S.E. 7th Avenue, Dying north of S.E. 5th Street Property Size ............................ 0.034 Acre Existing F.L.U.M. Designation.. Low Density (0-5 d.u./acre) Current Zoning ......................... R-l-AA (Single Family Residential) Existing Land Use .................... Unimproved right-of-way Proposed Land Use ................. Abandonment of a 20'>:73.68' portion of S.£. 7th Avenue to be inco,"porated into adjacent property. LOT 9.5 LOT IV.B. Planning and Z~)nmg Boa~ Staff Report $.E. 7m Avenue RigM-of-w~y Abandonment Page 2 7th Avenue is considerably less expensive (as it does not front on the Intracoastal Waterway). The modified request was discussed at numerous DSMG meetings, with the end result being the same at each, reaffirming the original recommendation of the abandonment of only the east 10-feet of the requested abandonment area. This decision is based on the fact that the City will not need to purchase additional right-of-way from properties on the east side of SE 7TM Avenue, with the exception of Lot 10.2. Right-of-way can be obtained from Lots 9.1 and 9.5, as these parcels are redeveloped. As the right-of-way was not obtained from Lot 10.2 with its redevelopment in June of 2001, this portion of SE 7th Avenue would J~eed to be purchased. The abandonment request was submitted by Robert Woodfin, the owner of the lot directly to the east (Lot 10.3). Mr. Woodfin's mother, Louise A. Woodfin (now deceased), originally executed the above referenced deed which dedicated the subject area as right-of-way. Distribution of Riqht-of-way: Pursuant to LDR Section 2.4.6(O)(1), public right-of-way may be abandoned (returned) to the adjacent property to the same degree in which it was originally obtained, Le. property dedicated exclusively from a single parcel shall be retumed to that parcel; property dedicated through subdivision shall be divided at the center line and returned equally to abutting parcels. Accordingly, the applicant, being the fee-simple owner of the lot directly adjacent to the east (425 S.E. 7th Avenue, Property Control Number: 12-43-46-21-01-001- 0103), and being a direct heir to Louise A. Woodfin, whom originally dedicated the subject right-of-way, is entitled to the entire abandonment area. Utility Services No municipal water or sewer lines are currently located in the proposed abandonment area. Adlephia Cable has identified underground facilities in the subject right-of-way, and is requesting a replacement utility easement or relocation of existing facilities. The Florida Public Utilities Company, Florida Power & Light and BellSouth have also reviewed the requested abandonment, and have no objections. The City's Fire Department has also reviewed the request and has no objection to the abandonment REQUIRED FINDINGS Pursuant to LDR Section 2.4.6(0)(5), prior to any right-of-way abandonment being approved, the following findings must be made: Planning and Zoning Board Staff Report S.E. 7~ Avenue R~ght-of-wa¥ Abandonment Page 4 ASSESSMENT As the remaining portion of S.E. 7th Avenue between S.E. 4th Street and S.E. 5th Street, has substandard width of 20-feet, and it unrealistic to believe' ar~ additional 20-feet of right-of-way can be acquired, the intended 'use of the subject abandonment area is limited. It is, however, realistic to obtain an additional 10- feet of right-of-way, north of the subject area. The resulting 30-foot wide right-of- way, while still substandard, would be better able to handle two-way traffic. While recent constructk)n on Parcel 10.2 will prevent the City from obtaining additional right-of-way in front of this parcel through redevelopment, the-ability to obtain right-of-way through redevelopment of Parcels 9.1 and 9.5 is still plausible. Given this situation, staff recommends abandonment of the east 10- feet of the proposed abandonment area, and pursue additional right-of-way on the east side of SE 7th Avenue, as the situation warrants. ALTERNATIVE ACTIONS Continue with direction. Recommend to the City Commission approval of the abandonment of the east 10' x 73.68' described portion of S.E. 7th Avenue right-of-way (directly to the north of S.E. 5th Street), based upon positive findings with respect to LDR Section 2.4.6(0)(5), subject to the following conditions: 1. The disposition of all utilities is satisfactorily addressed through the provision of replacement easements or relocation of existing facilities. Recommend to the City Commission approval of the abandonment of the east 20-feet of the proposed abandonment area, subject to the condition that the applicant dedicate an additional 10-foot strip of right-of-way (from parcel 10.1), based on positive findings with respect to LDR Section 2.4.6(0)(5). Recommend to the City Commission denial of the abandonment based upon a failure to make positive findings with respect to LDR Section 2.4.6(0)(5). RECOMMENDED ACTION By motion, recommend to the City Commission approval of the abandonment of the east 10' x 73.B!3' described portion of S.E. 7t~ Avenue right-of-way (directly to the north of S.E. 5TM Street), based upon positive findings with respect to LDR Section 2.4.(3(0)(5). subject to the following conditions: 1. The disposition of all utilities is satisfactorily addressed through the provision of replacement easements or relocation of existing facilities. S.£, 3RD ST ,~' S E CTH ST ~EA CH S.[. 6TH ~ , ~AR~ TON S.E ~ ST N ~ -- ABANDONMENT -- ~ ~- D~ ~c~. r~ PORTION OF S.E. 7TH AVENUE - AREA TO BE ABANDONED - Prepared by: RETURN R Bt:an Shutt, Esq C~' A~omey's Office 200 N W 1" Avenue Deir~y Beach, Florida RIGHT-OF-WAY DEED TI-IlS IN"DENWURE made tl:fis _..~'~ day of April , 2002, between Robert J. Woodfin ., with a mailing address of 425 S.E. 7th Ave. __Delray Beach. Florida 33483 as party of the first part and CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation x~,ith a mailing address of 100 N.W. l s~ Avenue. Delray Beach. Florida 33444, as party of the second part, WITNESSETH: That said party of the first part, for and in consideration of the mutual promises hereto contained and other good and valuable consideration, does hereby grant, remise, release, quit claim and convey unto the party of the second part, its successors and assigns, all right, title, interest, claim and demand which the party of the first part has in and to the following-described land. situate, lying and being ha the County of Palm Beach, State of Florida, to-wit: See Exhibit "A' attached hereto. This Deed is made for the purpose of giving and granting to the party of the second part, its successors and assigns, a fight-of-way and easement in and to said lands for pubhc kighway, street, and public utili~ purposes; and is made, executed and delivered with the express understanding and condition that should the same ever be discontinued or abandoned as a pubhc hi~hw, ay or street, the title to same shall thereupon revert to and revest in the party of the first pan or assigns. That this right-of-way shall be subject only to those easements, restrictions, and res~,ation of record. The party of the first part a~m-ees to prox,ide for the release of any and all mortgages or liens encumbering th/s right-of-way. The party of the first part also agrees to erect no building or effect an3' other ldnd of construction or improvements upon the above-described properly. Party of the first part does hereby fully warrant the title to said land and will def~znd the same against the lawful claims of ali persons whomsoever claimed by, through or under it, that has good ri_mbt and Iawfnl authority to grant the above-described right-of-way and that the same is unencumbered. ~,tluere the context ofth/s Right-of-Way Deed allows or permits, the same sha!] include the successors or assigns of the panics. TO HAVE AND TO HOLD THE SAME, together with all and singular the appurtenances thereto belonging or in anywise incident or appertaining, and all the estate, right. title, interest, and claim whatsoever of the said party of the first part, in law or in equiU' to the only proper use, benefit, and behalf of the said party of the second par~, its successors and assigns. IN WITNESS WHEREOF, said party of the first part has hereunto set their hand and seal the date first above written. V¢~TNESS: ~z_ :'-S/~,£ I..../ I"/.~,~ ~., '7-- (Name printed or typed) PARTY OF THE FIRST PART By:. ¢?'-.~;,~-, >'-~: ' / / Robert J. Woodfln (Name printed or typed) / "" ,~./ ill (Nme printed o~ typed) 425 S.E. 7th Ave. Delray Beach, FL 33483 (Address) STATE OF COUNTY OF FLORIDA PALM BEACH I HE]~EBY CERTIFY that on this day before me an officer duly author/zed in the county and state aforesaid to take aclmowled~m'nents, personally appeared Robert J. Woodfln who executed the foregoing document and he aclmowledged before me that he executed sm-ne WITNESS my hand and official seal in the county and state aforesaid this April , 2002. day of Signature of Persor~.T-hking Acknowledgment Name Typed, Printed or Stamped Carol 3. Pries; May 26, 2003 m~u ~o~ ~ ~,su~.z~ ~,: EXHIBIT "A" LEGAL DESCRIPTION THE EAST 10 FEET OF THE WEST 42.74 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THE SOUTH HALF OF LOT 10, LESS THE WEST 244.86 FEET THEREOF, BLOCK 1, OSCEOLA PARK ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, PAGE2 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. ~~ llllflllllllllf 1f 1111111111111111(IIIII~IIII~III~II~~I ...-~ - _ {. CITE D~ DELR~~' B~DCHd.~..~,~ . ~ ~-`~ .~~~. ~~ ter v, ~ f -~. .. ~ r .~ QElRAY BEACH ' ...~... _• _ ` ` ~ ~ _ - ti-../°~ v` r o x a n n ~~~ Ait-America City ~~ r ~~ :J 1993 ~ ~(l01 100 N.W. 1st AVENEIE ~ DELRAY BEACH. FLf~R1DA 38444 CERTIFICATIf1N ,~~ ~~, ~:~~ r~ r,~ --t h~ ~~~ tt C,T't ~J~ -ca f,~ ~..~ ~:T't r,~ ~~ • 5fi1l243-z r~o C 1 {.r~k ~t y f~~ ~~ ~~ ~a~ ~~ '~ ~ ~, ~ ~~ ~~ ~~, :~ ~..~ 1, CHEVELLE NUBIN, City Clerk of the City of Delray Beach, do hereby ~ certify that the attached document is a true and correct copy of Resolution No. q 36-02 as the same was passed by the Delray Beach City Commission in regular ~ session on the 4t'' of June 2002. J VB .~ `.i/ ~,C+1',''~! /"-"'~ ..+-.. IN WITNESS WHEREt3F, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, can this the 9t~' day of October, 2009. f: ; is f-,a ~ , ~ ~r t t~ .# M., ` ~ t ~~ `~~ ~ i~ Chevelle D. Nubin, CMC 4 ' ~~ ~~ City Clerk t # ~,, .~ . , ~ ~„ ~~ a City of Delray Beach Florida o-~r .. r~ .r.. ~ r * 2 ~ ~ .Y ~jr x . ~ ~ ~` tS Y ~c~"' ~ t.~~~7 , 't yi ~, ~~ ~y ,J~ . ~ ~ t. }~ ~ ., ~tr v ~ ' ~ a - a - + S d , , , /~ ~j; A~ °~~ } ~ r ,Fr ~ ,, * ar ~~ f 'c t~, . g r tt~ t ~ ~ +' ~*~t~ c ~ ~ ~ t ~, `V. SE~2VICE • PERFORMANCE • INTEGRITY ~ESPONSIBt-E INNOVATIVE TEAMWORK i RESOLUTION N0.36-02 A RESOLUTION OF THE CITY COIvIMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF S.E. 7'~' AVENUE RIGHT- OF-WAY {II~iXi}, LYING NORTH OF S.E. 5'~' STREET, AS MORE PARTICULARLY DESCRIBED HEREIN, BUT RESERVING AND RETAINING TO THE CTCY A UTILITY EASEMENT OVER THE ENTIRE AREA THEREOF, AS MORE PARTICULARLY DESCRIBED HEREIN. WHYS, the City of Delray Beach, Florida, received an application for abandonment of a portion of S.E. "7~' Avenue Right-of--Way {ROW}, as more particularly described herein; and • WHEREAS, said application for abandonment of a general public right-of-way was processed pursuant to Section 2.4.6(0), "Abandonment of Rights-Of-Way", of the Land Development Re~~alations of the City of Dekay Beach; and WHER~S, pursuant to LDR Section 2.4.6{O}{3)(e}, the Planning and Zoning Board, as Local Planning Agency, formally reviewed the matter at a public hearing on March 18, 2002, and voted 4 to 1 to recommend approval of the abandonment, based upon positive findings with respect to LDR Section 2.4.6(0){5), and subject to the condition that a general utility easement be retained over the entire area; and WHEREAS, as a condition of the abandotunent of the area described below, the applicant shall dedicate ~ct~~ Ee~~9:r~T-~'--r-, e{~e ~-n~e€-~seee' th~area described in E~ch%bit "A„ to the City for highway purposes; and WI-i~,AS, the City Commission of the City of Delray Beach, Florida, finds that its interest in the described property is no longer needed for the public good and deems it to be in the best interest of the City of Delray Beach to vacate and abandon said right-of-way, based upon positive findings pursuant to LDR Section 2.4.6(0)(5}, but does not abandon and retains and reserves unto itself a utility easement aver the entire area thereof, as more particularly described herein, for the purpose of emergency access and constructing and/or maintaining, either over or under the surface poles, wires, pipes, sewers, drainage facilities, or any other facilities used for various public utilities whether owned by the City or private corporations. NOW, THEREFORE, BE iT RESOLVED BY THE CITY COhIIvIISSION OF THE CITY OF D}~;LRAY BEACH, FLORIDA, AS FOLLOWS: li;FS. NO.36-02 ~- - Se 'on 1_ That pursuant to Chapter 177.101 {S} and Chapter 166 of the Florida Statutes, it is hereby determined by the Delray Beach City Commission. to vacate and abandon all right and interest it holds to the following real property for right-of--may purposes only, but does not abandon and retains and reserves unto itself a utility easement over the entire area thereof, for the Purpose of emergency access and constructing andlor maintaining, either over or under, the surface poles, wires, pipes, sewers, drainage facilities, or any other facilities used for various public utilities whether owned by the City or private corporations, more particularly described as follows: THE EAST 20 FEET OF THE '9~EST 82.74 FEET OF THE FOLLOWING DESCRIBED PROPERTY; THE SOUTH HALF OF LOT 10, LESS THE WEST 244.86 FEET THEREOF, BLOCK 1, OSCEOLA PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, PAGE 2 OF THE PUBLIC RECORDS OF P~S.M BEACH COUNTY, FLORIDA. Containing 1,474 squaw feet, more or less. ,$~,~~ As a condition pf the abandonment of the property described above, the property described in Exhibit "A" shall be dedicated to the City for right-of-way purposes. PASSED AND ADOPTED in r~~, zlar session on this the '~~day of 2002. { ~ a ~~~..,,~ MAYOR A T: City Clerk PIES. NO.3b-02 r~ EXHIB~'T ~',~ LEG !-L DESCRIPT~ly' ,,, THE EiAST 10 FEET OF THE WEST 42.74 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THE SOUTH HALF QF LOT 10, LESS THE WEST 244.56 FEET THEREOF, BLt}CK 1, OSCEOLA PARK ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, PAGE 2 OF THE PUBLIC RECORDS OF PA7.M BEACH COUNTY, FLORIDA, 3 P;~ S. NO.36-42 ~W ~` z ,..~ ~-- (~ . 1111111 NI II II I I I it l II III II III 11 I 1111 I II I I III 11 ~I 11111 Prepared by: RETUQtN: ~ F 1~I ~f~ 1 ~ 0 ~ 9 ~ 55 5 t~R BK s?393~2 F'C 19i$ ~. Brian Shutt,>/sq. EtE~CORDED 08!@6!2010 13:@0:33 City Attorney"s Clffice Palm Beach County, Florida 3~ N.W. lst Avenue Sharon R, Bock, CLERK & COl4PTRttGLER Dekay Beach, Florida 33444 Pgs 1918 - 1920; { 3pgs RIGHT-C}F-WAY DEED THIS iNDENT'LA:~E made this ~~ day of ~~~~ , 241 between ROBERT J. WOODFIN, nikla RO~E12:T 'WOOD, with a mailing address of 435 S.E. '7`n Ave.,. Delray Beach, FL 33483, as party of 'the first part and CITY OF DELRAY REACH, FLQRIDA, a Florida municipal corporatiozi with a mailing address of 140 N.W. lst Avenue, Delray Beach, Florida 33444, as party of the second part. WITNESSETH; That said party of the. first part, for and in consideration of the mutual promises herein contained and other good and valuable consideration, does hereby grant, remise, release, quit claim and convey unto the party of the second part, its successors and assigns, all right, title, interest, claim and demaxid which the party of the first part has in and to the following-described land, situate, lying and being in the County of Palm Beach, State Qf Florida, to-wit: See Exhibit "A" attached hereto. This Deed is made for the purpose of giving and granting to the party of the second part, its successors and assigns, aright-of--way and easement in and to said lands far public highway, street, and public utility purposes; and is made, executed and delivered with the express understanding and condition that should the same ever be discontinued or abandoned as a public highway ar street, the title to same shall thereupon revert to and reves iix the party of the first part or assigns. That this right-of--way shall be subject only to those easements, restrictions, and reservation of record. The party of the first part agrees to provide far the release of any and all mortgages or liens encumbering this right-of-way. The party of the fast part also agrees to erect no building or effect any other kind of construction or improvements upon the above-described preP~Y. Party of the first part does hereby fully warrant the title to Said land and will defend the wine against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the.above-described right-of--way and that the same is unencumbered. 'Where the context of this Right-of--Way Deed allows or permits, the same shall include the successors or assigns of the parties. TO HA'YE .AND TO HOLD THE gA~1rIE, together with all az~d singular the appurtenances thereto belonging or in anywise incident or appertaining, and all the estate, night, title, interest, and claim whatsoever of the said party of the first part, in law or in equity tip the only proper use, benefit, and behalf of the said party' of the second part, its successors and assigns. IN V~I~NESS '~TI~ERE(?F,. said party of the frst part has hereunto set their hand and seal the date first shave written. Signed, sealed and delivered in reser~cfe c~ . ~~-1/{' ~4~"/~~1 'l=am` - {'Nameprinted. ar typed) ~b r! - ~Lf {Name printed ar typed) PARTY OF THE FI£t.ST PART $y: (Name printed or typed} 4~'~ Sly ~~ ~U~~~ T{A d ess) STATE 4}F 1 ~~,t.Dt~ The foregoing instrument was acknowledged before me this ~.~ day of ~~ RL~-- , 20~g by ~(L7 tAJ who is persanallyknawn to me or has produced 1~7Q1.1:~;t1.,, ~,C,~S~, as identification. State of Florida Public ~~; }~gMARY p~pT05 r^~` • •~ MY CAMMIS31btd M ~D di916~ .*~ ~Xpi4~5; A~p?Hti 9, c013 QAnded Tura Ntr~arY pub1~C UtxS2rNt+t9re tit,~° 2 I EXHIBIT "A" LEGAL DES~RSPTION THE EAST 9 ~ FEET' C3j= THE WEST 42.7 FEET OF THE FOLLC3VILING DESGRIE3ED PROPERTY: THE SOUTH HALF OF LO7 "~ ~, LESS THE VILEST' 2~44.8fi FEET THEREOF, BLOCK 'I, OSCEOLA PARK ACOC)RDING TCl THE PLAT THEREOF, AS RECt~rRDED Ih1 PLAT BOOK ~, PAGE2 OF THE PUSLIC .RECORDS OF PALIVI BEACH C~?uNTY, FLORIDA.